Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Over 41/2, 66688-66690 [2011-27872]
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66688
Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Notices
wreier-aviles on DSK7SPTVN1PROD with NOTICES
review. In this review, we have
calculated, whenever possible, an
importer-specific assessment rate or
value for merchandise subject to this
review as described below.
As noted in the Preliminary Results,
all of ANFC’s U.S. sales of CMC were
constructed-export-price sales (e.g.,
sales through ANFC’s U.S. affiliate to
the unaffiliated purchaser in the United
States). Accordingly, we divided the
total dumping margins for the reviewed
sales by the total entered value of those
reviewed sales for each importer. We
will direct CBP to assess the resulting
percentage margin against the entered
customs values for the subject
merchandise on each importer’s
respective POR entries. See 19 CFR
351.212(b).
The calculated ad valorem rates will
be assessed uniformly on all entries
made by the respective importers during
the POR. Where the assessment rate is
above de minimis, we will instruct CBP
to assess duties on all entries of subject
merchandise by that importer.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR produced by reviewed
companies for which these companies
did not know their merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
The Department intends to issue
assessment instructions directly to CBP
15 days after publication of these final
results of review.
Cash Deposit Requirements
The following cash-deposit
requirements will be effective upon
publication of this notice of final results
of administrative review for all
shipments of purified CMC from the
Netherlands entered, or withdrawn from
warehouse, for consumption on or after
the date of publication, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash-deposit rate for ANFC will be the
rate established in the final results of
this review; (2) for previously reviewed
or investigated companies not covered
in this review, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this or any previous review or in the
less-than-fair-value (LTFV) investigation
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but the manufacturer is, the cashdeposit rate will be the rate established
for the most recent period for the
manufacturer of the merchandise; and
(4) if neither the exporter nor the
manufacturer is a firm covered in this or
any previous review or the
investigation, the cash-deposit rate will
continue to be the all-others rate of
14.57 percent, which is the all-others
rate established by the Department in
the LTFV investigation. See Notice of
Antidumping Duty Orders: Purified
Carboxymethylcellulose from Finland,
Mexico, the Netherlands and Sweden,
70 FR 39734 (July 11, 2005). These cashdeposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely,
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation that is subject to
sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: October 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
Comments in the Issues and Decision
Memorandum:
Comment 1: Calculation of the
General and Administrative
Expense Ratio
Comment 2: Calculation of Major
Input Adjustment
Comment 3: U.S. Packing Expense
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Clerical Error
[FR Doc. 2011–27870 Filed 10–26–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–850]
Certain Large Diameter Carbon and
Alloy Seamless Standard, Line, and
Pressure Pipe (Over 41⁄2 Inches) From
Japan: Final Results of the
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 7, 2011, the U.S.
Department of Commerce (‘‘the
Department’’) published its preliminary
results of the administrative review of
the antidumping duty order on certain
large diameter carbon and alloy
seamless standard, line, and pressure
pipe (over 4 1⁄2 inches) from Japan. The
review covers four manufacturers/
exporters: JFE Steel Corporation (‘‘JFE’’);
Nippon Steel Corporation (‘‘Nippon’’);
NKK Tubes (‘‘NKK’’); and Sumitomo
Metal Industries, Ltd. (‘‘SMI’’). The
period of review (‘‘POR’’) is June 1,
2009, through May 31, 2010. We
received no comments on our
preliminary results. Therefore, the final
results do not differ from the
preliminary results. We have reached a
final determination of no shipments by
the respondents in this administrative
review. We will instruct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
entries.
DATES: Effective Date: October 27, 2011.
FOR FURTHER INFORMATION CONTACT:
Joshua Morris, AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–1779.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 7, 2011, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on carbon and
alloy seamless standard, line, and
pressure pipe (over 41⁄2 inches) from
Japan for the period June 1, 2009,
through May 31, 2010. See Certain Large
Diameter Carbon and Alloy Seamless
Standard, Line, and Pressure Pipe (Over
4 1⁄2 Inches) From Japan: Final Results
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Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Notices
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of the Antidumping Duty Administrative
Review, 76 FR 39852 (July 7, 2011)
(‘‘preliminary results’’). We invited
interested parties to comment on our
preliminary results. We received no
comments.
Scope of the Order
The products covered by the order are
large diameter seamless carbon and
alloy (other than stainless) steel
standard, line, and pressure pipes
produced, or equivalent, to the
American Society for Testing and
Materials (‘‘ASTM’’) A–53, ASTM A–
106, ASTM A–333, ASTM A–334,
ASTM A–589, ASTM A–795, and the
American Petroleum Institute (‘‘API’’)
5L specifications and meeting the
physical parameters described below,
regardless of application. The scope of
the order also includes all other
products used in standard, line, or
pressure pipe applications and meeting
the physical parameters described
below, regardless of specification, with
the exception of the exclusions
discussed below. Specifically included
within the scope of the order are
seamless pipes greater than 4.5 inches
(114.3 mm) up to and including 16
inches (406.4 mm) in outside diameter,
regardless of wall-thickness,
manufacturing process (hot finished or
cold-drawn), end finish (plain end,
beveled end, upset end, threaded, or
threaded and coupled), or surface finish.
The seamless pipes subject to the
order are currently classifiable under
the subheadings 7304.10.10.30,
7304.10.10.45, 7304.10.10.60,
7304.10.50.50, 7304.19.10.30,
7304.19.10.45, 7304.19.10.60,
7304.19.50.50, 7304.31.60.10,
7304.31.60.50, 7304.39.00.04,
7304.39.00.06, 7304.39.00.08,
7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48,
7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68,
7304.39.00.72, 7304.51.50.15,
7304.51.50.45, 7304.51.50.60,
7304.59.20.30, 7304.59.20.55,
7304.59.20.60, 7304.59.20.70,
7304.59.60.00, 7304.59.80.30,
7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50,
7304.59.80.55, 7304.59.80.60,
7304.59.80.65, and 7304.59.80.70 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’).
Specifications, Characteristics, and
Uses: Large diameter seamless pipe is
used primarily for line applications
such as oil, gas, or water pipeline, or
utility distribution systems. Seamless
pressure pipes are intended for the
conveyance of water, steam,
petrochemicals, chemicals, oil products,
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natural gas and other liquids and gasses
in industrial piping systems. They may
carry these substances at elevated
pressures and temperatures and may be
subject to the application of external
heat. Seamless carbon steel pressure
pipe meeting the ASTM A–106 standard
may be used in temperatures of up to
1000 degrees Fahrenheit, at various
American Society of Mechanical
Engineers (‘‘ASME’’) code stress levels.
Alloy pipes made to ASTM A–335
standard must be used if temperatures
and stress levels exceed those allowed
for ASTM A–106. Seamless pressure
pipes sold in the United States are
commonly produced to the ASTM A–
106 standard.
Seamless standard pipes are most
commonly produced to the ASTM A–53
specification and generally are not
intended for high temperature service.
They are intended for the low
temperature and pressure conveyance of
water, steam, natural gas, air and other
liquids and gasses in plumbing and
heating systems, air conditioning units,
automatic sprinkler systems, and other
related uses. Standard pipes (depending
on type and code) may carry liquids at
elevated temperatures but must not
exceed relevant ASME code
requirements. If exceptionally low
temperature uses or conditions are
anticipated, standard pipe may be
manufactured to ASTM A–333 or ASTM
A–334 specifications.
Seamless line pipes are intended for
the conveyance of oil and natural gas or
other fluids in pipe lines. Seamless line
pipes are produced to the API 5L
specification.
Seamless water well pipe (ASTM A–
589) and seamless galvanized pipe for
fire protection uses (ASTM A–795) are
used for the conveyance of water.
Seamless pipes are commonly
produced and certified to meet ASTM
A–106, ASTM A–53, API 5L–B, and API
5L–X42 specifications. To avoid
maintaining separate production runs
and separate inventories, manufacturers
typically triple or quadruple certify the
pipes by meeting the metallurgical
requirements and performing the
required tests pursuant to the respective
specifications. Since distributors sell the
vast majority of this product, they can
thereby maintain a single inventory to
service all customers.
The primary application of ASTM A–
106 pressure pipes and triple or
quadruple certified pipes in large
diameters is for use as oil and gas
distribution lines for commercial
applications. A more minor application
for large diameter seamless pipes is for
use in pressure piping systems by
refineries, petrochemical plants, and
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66689
chemical plants, as well as in power
generation plants and in some oil field
uses (on shore and off shore) such as for
separator lines, gathering lines and
metering runs. These applications
constitute the majority of the market for
the subject seamless pipes. However,
ASTM A–106 pipes may be used in
some boiler applications.
The scope of the order includes all
seamless pipe meeting the physical
parameters described above and
produced to one of the specifications
listed above, regardless of application,
with the exception of the exclusions
discussed below, whether or not also
certified to a non-covered specification.
Standard, line, and pressure
applications and the above-listed
specifications are defining
characteristics of the scope of the order.
Therefore, seamless pipes meeting the
physical description above, but not
produced to the ASTM A–53, ASTM A–
106, ASTM A–333, ASTM A–334,
ASTM A–589, ASTM A–795, and API
5L specifications shall be covered if
used in a standard, line, or pressure
application, with the exception of the
specific exclusions discussed below.
For example, there are certain other
ASTM specifications of pipe which,
because of overlapping characteristics,
could potentially be used in ASTM A–
106 applications. These specifications
generally include ASTM A–161, ASTM
A–192, ASTM A–210, ASTM A–252,
ASTM A–501, ASTM A–523, ASTM A–
524, and ASTM A–618. When such
pipes are used in a standard, line, or
pressure pipe application, such
products are covered by the scope of the
order.
Specifically excluded from the scope
of the order are: A. Boiler tubing and
mechanical tubing, if such products are
not produced to ASTM A–53, ASTM A–
106, ASTM A–333, ASTM A–334,
ASTM A–589, ASTM A–795, and API
5L specifications and are not used in
standard, line, or pressure pipe
applications. B. Finished and
unfinished oil country tubular goods
(‘‘OCTG’’), if covered by the scope of
another antidumping duty order from
the same country. If not covered by such
an OCTG order, finished and unfinished
OCTG are included in the scope when
used in standard, line or pressure
applications. C. Products produced to
the A–335 specification unless they are
used in an application that would
normally utilize ASTM A–53, ASTM A–
106, ASTM A–333, ASTM A–334,
ASTM A–589, ASTM A–795, and API
5L specifications. D. Line and riser pipe
for deepwater application, i.e., line and
riser pipe that is: (1) Used in a
deepwater application, which means for
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Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Notices
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use in water depths of 1,500 feet or
more; (2) intended for use in and is
actually used for a specific deepwater
project; (3) rated for a specified
minimum yield strength of not less than
60,000 psi; and (4) not identified or
certified through the use of a monogram,
stencil, or otherwise marked with an
API specification (e.g., ‘‘API 5L’’).
With regard to the excluded products
listed above, the Department will not
instruct CBP to require end-use
certification until such time as
petitioner or other interested parties
provide to the Department a reasonable
basis to believe or suspect that the
products are being utilized in a covered
application. If such information is
provided, we will require end-use
certification only for the product(s) (or
specification(s)) for which evidence is
provided that such products are being
used in a covered application as
described above. For example, if, based
on evidence provided by petitioner, the
Department finds a reasonable basis to
believe or suspect that seamless pipe
produced to the A–335 specification is
being used in an A–106 application, we
will require end-use certifications for
imports of that specification. Normally
we will require only the importer of
record to certify to the end use of the
imported merchandise. If it later proves
necessary for adequate implementation,
we may also require producers who
export such products to the United
States to provide such certification on
invoices accompanying shipments to
the United States.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
merchandise subject to this scope is
dispositive.
Final Determination of No Shipments
As we stated in the preliminary
results, our practice concerning noshipment respondents had been to
rescind the administrative review if the
respondent certifies that it had no
shipments and we have confirmed
through our examination of CBP data
that there were no shipments of subject
merchandise during the POR. See 19
CFR 351.213(d)(3); see also Oil Country
Tubular Goods from Japan: Preliminary
Results of Antidumping Duty
Administrative Review and Partial
Rescission of Review, 70 FR 53161,
53161–53163 (September 7, 2005),
unchanged in Oil Country Tubular
Goods from Japan: Final Results and
Partial Rescission of Antidumping Duty
Administrative Review, 71 FR 95
(January 3, 2006). In such
circumstances, we normally instructed
CBP to liquidate any entries from the
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14:47 Oct 26, 2011
Jkt 226001
no-shipment company at the deposit
rate in effect on the date of entry.
In our May 6, 2003, ‘‘automatic
assessment’’ clarification, we explained
that, where respondents in an
administrative review demonstrate that
they had no knowledge of sales through
resellers to the United States, we would
instruct CBP to liquidate such entries at
the all-others rate applicable to the
proceeding. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (‘‘Assessment
Policy Notice’’).
As we stated in the preliminary
results, because ‘‘as entered’’ liquidation
instructions do not alleviate the
concerns which the May 6, 2003,
clarification was intended to address,
we find it appropriate in this case to
instruct CBP to liquidate any existing
entries of merchandise produced by
Nippon, JFE, SMI, or NKK, and exported
by other parties at the all-others rate. In
addition, we continue to find it is more
consistent with the May 6, 2003,
clarification not to rescind the review in
these circumstances but, rather, to
complete the review with respect to
Nippon, JFE, SMI, and NKK, and issue
appropriate instructions to CBP based
on the final results of the review. See
the ‘‘Assessment Rates’’ section of this
notice below.
Assessment Rates
The Department intends to issue
assessment instructions directly to CBP
15 days after the date of publication of
these final results of this review.
As noted above, the Department
clarified its ‘‘automatic assessment’’
regulation on May 6, 2003. See
Assessment Policy Notice. This
clarification will apply to POR entries
by all respondent companies because
they certified that they made no POR
shipments of subject merchandise for
which they had knowledge of U.S.
destination. We will instruct CBP to
liquidate these entries at the all-others
rate established in the less-than-fairvalue investigation (68.88 percent) if
there is no rate for the intermediary
involved in the transaction. See
Assessment Policy Notice for a full
discussion of this clarification.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
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that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding APOs
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
These final results of administrative
review and notice are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: October 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–27872 Filed 10–26–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–801]
Solid Urea From the Russian
Federation: Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 17, 2011, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on solid
urea from the Russian Federation. The
solid urea subject to this review was
produced and exported by MCC
EuroChem (EuroChem). The period of
review (POR) is July 1, 2009, through
June 30, 2010.
Based on our analysis of comments
received, we have not made any changes
in the margin calculation for EuroChem.
The final weighted-average dumping
margin for EuroChem is listed below in
the section entitled ‘‘Final Results of the
Administrative Review.’’
DATES: Effective Date: October 27, 2011.
FOR FURTHER INFORMATION CONTACT:
Dustin Ross or Minoo Hatten, AD/CVD
Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
AGENCY:
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]]>Agencies
[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Notices]
[Pages 66688-66690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27872]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-850]
Certain Large Diameter Carbon and Alloy Seamless Standard, Line,
and Pressure Pipe (Over 4\1/2\ Inches) From Japan: Final Results of the
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 7, 2011, the U.S. Department of Commerce (``the
Department'') published its preliminary results of the administrative
review of the antidumping duty order on certain large diameter carbon
and alloy seamless standard, line, and pressure pipe (over 4 \1/2\
inches) from Japan. The review covers four manufacturers/exporters: JFE
Steel Corporation (``JFE''); Nippon Steel Corporation (``Nippon''); NKK
Tubes (``NKK''); and Sumitomo Metal Industries, Ltd. (``SMI''). The
period of review (``POR'') is June 1, 2009, through May 31, 2010. We
received no comments on our preliminary results. Therefore, the final
results do not differ from the preliminary results. We have reached a
final determination of no shipments by the respondents in this
administrative review. We will instruct U.S. Customs and Border
Protection (``CBP'') to assess antidumping duties on all appropriate
entries.
DATES: Effective Date: October 27, 2011.
FOR FURTHER INFORMATION CONTACT: Joshua Morris, AD/CVD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-1779.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2011, the Department published the preliminary results
of the administrative review of the antidumping duty order on carbon
and alloy seamless standard, line, and pressure pipe (over 4\1/2\
inches) from Japan for the period June 1, 2009, through May 31, 2010.
See Certain Large Diameter Carbon and Alloy Seamless Standard, Line,
and Pressure Pipe (Over 4 \1/2\ Inches) From Japan: Final Results
[[Page 66689]]
of the Antidumping Duty Administrative Review, 76 FR 39852 (July 7,
2011) (``preliminary results''). We invited interested parties to
comment on our preliminary results. We received no comments.
Scope of the Order
The products covered by the order are large diameter seamless
carbon and alloy (other than stainless) steel standard, line, and
pressure pipes produced, or equivalent, to the American Society for
Testing and Materials (``ASTM'') A-53, ASTM A-106, ASTM A-333, ASTM A-
334, ASTM A-589, ASTM A-795, and the American Petroleum Institute
(``API'') 5L specifications and meeting the physical parameters
described below, regardless of application. The scope of the order also
includes all other products used in standard, line, or pressure pipe
applications and meeting the physical parameters described below,
regardless of specification, with the exception of the exclusions
discussed below. Specifically included within the scope of the order
are seamless pipes greater than 4.5 inches (114.3 mm) up to and
including 16 inches (406.4 mm) in outside diameter, regardless of wall-
thickness, manufacturing process (hot finished or cold-drawn), end
finish (plain end, beveled end, upset end, threaded, or threaded and
coupled), or surface finish.
The seamless pipes subject to the order are currently classifiable
under the subheadings 7304.10.10.30, 7304.10.10.45, 7304.10.10.60,
7304.10.50.50, 7304.19.10.30, 7304.19.10.45, 7304.19.10.60,
7304.19.50.50, 7304.31.60.10, 7304.31.60.50, 7304.39.00.04,
7304.39.00.06, 7304.39.00.08, 7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.51.50.15,
7304.51.50.45, 7304.51.50.60, 7304.59.20.30, 7304.59.20.55,
7304.59.20.60, 7304.59.20.70, 7304.59.60.00, 7304.59.80.30,
7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50,
7304.59.80.55, 7304.59.80.60, 7304.59.80.65, and 7304.59.80.70 of the
Harmonized Tariff Schedule of the United States (``HTSUS'').
Specifications, Characteristics, and Uses: Large diameter seamless
pipe is used primarily for line applications such as oil, gas, or water
pipeline, or utility distribution systems. Seamless pressure pipes are
intended for the conveyance of water, steam, petrochemicals, chemicals,
oil products, natural gas and other liquids and gasses in industrial
piping systems. They may carry these substances at elevated pressures
and temperatures and may be subject to the application of external
heat. Seamless carbon steel pressure pipe meeting the ASTM A-106
standard may be used in temperatures of up to 1000 degrees Fahrenheit,
at various American Society of Mechanical Engineers (``ASME'') code
stress levels. Alloy pipes made to ASTM A-335 standard must be used if
temperatures and stress levels exceed those allowed for ASTM A-106.
Seamless pressure pipes sold in the United States are commonly produced
to the ASTM A-106 standard.
Seamless standard pipes are most commonly produced to the ASTM A-53
specification and generally are not intended for high temperature
service. They are intended for the low temperature and pressure
conveyance of water, steam, natural gas, air and other liquids and
gasses in plumbing and heating systems, air conditioning units,
automatic sprinkler systems, and other related uses. Standard pipes
(depending on type and code) may carry liquids at elevated temperatures
but must not exceed relevant ASME code requirements. If exceptionally
low temperature uses or conditions are anticipated, standard pipe may
be manufactured to ASTM A-333 or ASTM A-334 specifications.
Seamless line pipes are intended for the conveyance of oil and
natural gas or other fluids in pipe lines. Seamless line pipes are
produced to the API 5L specification.
Seamless water well pipe (ASTM A-589) and seamless galvanized pipe
for fire protection uses (ASTM A-795) are used for the conveyance of
water.
Seamless pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53, API 5L-B, and API 5L-X42 specifications. To avoid
maintaining separate production runs and separate inventories,
manufacturers typically triple or quadruple certify the pipes by
meeting the metallurgical requirements and performing the required
tests pursuant to the respective specifications. Since distributors
sell the vast majority of this product, they can thereby maintain a
single inventory to service all customers.
The primary application of ASTM A-106 pressure pipes and triple or
quadruple certified pipes in large diameters is for use as oil and gas
distribution lines for commercial applications. A more minor
application for large diameter seamless pipes is for use in pressure
piping systems by refineries, petrochemical plants, and chemical
plants, as well as in power generation plants and in some oil field
uses (on shore and off shore) such as for separator lines, gathering
lines and metering runs. These applications constitute the majority of
the market for the subject seamless pipes. However, ASTM A-106 pipes
may be used in some boiler applications.
The scope of the order includes all seamless pipe meeting the
physical parameters described above and produced to one of the
specifications listed above, regardless of application, with the
exception of the exclusions discussed below, whether or not also
certified to a non-covered specification. Standard, line, and pressure
applications and the above-listed specifications are defining
characteristics of the scope of the order. Therefore, seamless pipes
meeting the physical description above, but not produced to the ASTM A-
53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-589, ASTM A-795, and API
5L specifications shall be covered if used in a standard, line, or
pressure application, with the exception of the specific exclusions
discussed below.
For example, there are certain other ASTM specifications of pipe
which, because of overlapping characteristics, could potentially be
used in ASTM A-106 applications. These specifications generally include
ASTM A-161, ASTM A-192, ASTM A-210, ASTM A-252, ASTM A-501, ASTM A-523,
ASTM A-524, and ASTM A-618. When such pipes are used in a standard,
line, or pressure pipe application, such products are covered by the
scope of the order.
Specifically excluded from the scope of the order are: A. Boiler
tubing and mechanical tubing, if such products are not produced to ASTM
A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-589, ASTM A-795, and
API 5L specifications and are not used in standard, line, or pressure
pipe applications. B. Finished and unfinished oil country tubular goods
(``OCTG''), if covered by the scope of another antidumping duty order
from the same country. If not covered by such an OCTG order, finished
and unfinished OCTG are included in the scope when used in standard,
line or pressure applications. C. Products produced to the A-335
specification unless they are used in an application that would
normally utilize ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-
589, ASTM A-795, and API 5L specifications. D. Line and riser pipe for
deepwater application, i.e., line and riser pipe that is: (1) Used in a
deepwater application, which means for
[[Page 66690]]
use in water depths of 1,500 feet or more; (2) intended for use in and
is actually used for a specific deepwater project; (3) rated for a
specified minimum yield strength of not less than 60,000 psi; and (4)
not identified or certified through the use of a monogram, stencil, or
otherwise marked with an API specification (e.g., ``API 5L'').
With regard to the excluded products listed above, the Department
will not instruct CBP to require end-use certification until such time
as petitioner or other interested parties provide to the Department a
reasonable basis to believe or suspect that the products are being
utilized in a covered application. If such information is provided, we
will require end-use certification only for the product(s) (or
specification(s)) for which evidence is provided that such products are
being used in a covered application as described above. For example,
if, based on evidence provided by petitioner, the Department finds a
reasonable basis to believe or suspect that seamless pipe produced to
the A-335 specification is being used in an A-106 application, we will
require end-use certifications for imports of that specification.
Normally we will require only the importer of record to certify to the
end use of the imported merchandise. If it later proves necessary for
adequate implementation, we may also require producers who export such
products to the United States to provide such certification on invoices
accompanying shipments to the United States.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the merchandise subject to
this scope is dispositive.
Final Determination of No Shipments
As we stated in the preliminary results, our practice concerning
no-shipment respondents had been to rescind the administrative review
if the respondent certifies that it had no shipments and we have
confirmed through our examination of CBP data that there were no
shipments of subject merchandise during the POR. See 19 CFR
351.213(d)(3); see also Oil Country Tubular Goods from Japan:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission of Review, 70 FR 53161, 53161-53163 (September 7,
2005), unchanged in Oil Country Tubular Goods from Japan: Final Results
and Partial Rescission of Antidumping Duty Administrative Review, 71 FR
95 (January 3, 2006). In such circumstances, we normally instructed CBP
to liquidate any entries from the no-shipment company at the deposit
rate in effect on the date of entry.
In our May 6, 2003, ``automatic assessment'' clarification, we
explained that, where respondents in an administrative review
demonstrate that they had no knowledge of sales through resellers to
the United States, we would instruct CBP to liquidate such entries at
the all-others rate applicable to the proceeding. See Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (``Assessment Policy Notice'').
As we stated in the preliminary results, because ``as entered''
liquidation instructions do not alleviate the concerns which the May 6,
2003, clarification was intended to address, we find it appropriate in
this case to instruct CBP to liquidate any existing entries of
merchandise produced by Nippon, JFE, SMI, or NKK, and exported by other
parties at the all-others rate. In addition, we continue to find it is
more consistent with the May 6, 2003, clarification not to rescind the
review in these circumstances but, rather, to complete the review with
respect to Nippon, JFE, SMI, and NKK, and issue appropriate
instructions to CBP based on the final results of the review. See the
``Assessment Rates'' section of this notice below.
Assessment Rates
The Department intends to issue assessment instructions directly to
CBP 15 days after the date of publication of these final results of
this review.
As noted above, the Department clarified its ``automatic
assessment'' regulation on May 6, 2003. See Assessment Policy Notice.
This clarification will apply to POR entries by all respondent
companies because they certified that they made no POR shipments of
subject merchandise for which they had knowledge of U.S. destination.
We will instruct CBP to liquidate these entries at the all-others rate
established in the less-than-fair-value investigation (68.88 percent)
if there is no rate for the intermediary involved in the transaction.
See Assessment Policy Notice for a full discussion of this
clarification.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
These final results of administrative review and notice are issued
and published in accordance with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: October 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-27872 Filed 10-26-11; 8:45 am]
BILLING CODE 3510-DS-P
